TANVEER AHMAD RATHER Vs. UT OF J&K
LAWS(J&K)-2020-10-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 28,2020

Tanveer Ahmad Rather Appellant
VERSUS
Ut Of JAndK Respondents


Referred Judgements :-

ABDUL RASHID DAR V. STATE [REFERRED TO]
UNION OF INDIA V. RAM SAMUJH AND ANOTHER [REFERRED TO]
STATE OF PUNJAB VS. BALDEV SINGH [REFERRED TO]
SUPDT NARCOTICS CONTROL BUREAU CHENNAI VS. R PAULSAMY [REFERRED TO]
JIJU MARAN VS. NARCOTIC CONTROL BUREAU [REFERRED TO]
STATE OF H P VS. SUNIL KUMAR [REFERRED TO]


JUDGEMENT

Sanjay Dhar, J. - (1.)Through the medium of instant bail application, petitioners are seeking bail in FIR No.47/2020 for offences under Section 8, 22, 29 of NDPS Act of Police Station, Sumbal, Bandipora.
(2.)The facts giving rise to the filing of the instant petition are that on 22.03.2020, a police party of Police Station, Sumbal, while on patrolling, spotted three persons carrying bags in their hands coming towards Sumbal. These three persons on seeing the police party tried to run away but the police party chased them and out of the three, two persons were nabbed whereas the third one left his bag on spot and ran away. One of the persons nabbed was identified as accused Mushtaq Ahmad Bhat whereas other one was identified as accused Tanveer Ahmad Rather. Upon enquiry from these two accused persons, the third accused, who had filed away from the spot, was identified as Hilal Ahmad Wani. The bag recovered from accused Mushtaq Ahmad Bhat contained 15 bottles of Omrex (Codeine Phosphate) and 8 bottles of Rexorid (Codeine Phosphate) whereas the bag recovered from accused Tanveer Ahmad contained 13 bottles of Omrex (Codeine Phosphate), 4 bottles of Rexorid (Codeine Phosphate) and 4 bottles of Sivzcodiene(Codeine. The bag left behind by accused Hilal Ahmad Wani contained 8 bottles of Rexorid (Codeine Phosphate), 21 bottles of Omrex (Codeine Phosphate) and 6 bottles of Sivzcodiene (Codeine Phosphate). The recovered material was seized on spot and samples were taken and sealed. All the three accused were arrested and during the investigation of the case, accused Hilal Ahmad Wani made a disclosure statement on the basis of which 22 more bottles of Sivzcodiene (Codeine Phosphate) were recovered and seized.
(3.)After investigation of the case, offences under Section 8/22/29 of the NDPS Act were found established against all the three accused and charge sheet was laid before the trial court. Bail application of all the three accused stands dismissed by the learned trial court vide its order dated 02.06.2020 on the ground that commercial quantity of Narcotic Drugs has been recovered from the petitioner and, as such, they are not entitled to the concession of bail.
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